Voter-id veto is overturned

In 52-45 vote, lawmakers nullify third Beebe decision

The House of Representatives voted 52-45 Monday to overturn Gov. Mike Beebe’s veto of a bill requiring voters to provide photo identification at polling sites.

The override of the veto to Senate Bill 2, sponsored by Sen. Bryan King, R-Green Forest, was the third time the Legislature has overturned a governor’s veto this session. It follows veto overrides on two bills that restricted when women can have abortions.

On the 78th day of the session, the Legislature also took up bills to expand civil liability resulting from acts of terrorism and to ban a certain kind of fireworks.

Rep. Stephen Meeks, R-Greenbrier, said SB2 is seen by most Arkansans as a “common-sense solution” to voter fraud.

“Senate Bill 2 would go a long way toward protecting the integrity of the vote here in Arkansas,” Meeks said.

Rep. John Walker, D-Little Rock, said the right to vote is “historic” and should not be restricted. He said there was no “justification … for the belief” that there is a problem with voter fraud in Arkansas.

“I dare say that you will [not] find any of your colleagues in this body of my color who will support this … and what you’re doing in effect is saying that we don’t care about what you think. We’re going to do this anyway. If you have the majority, of course, that’s what you can do, but do you really, uniformly … disrespect us so much,” Walker said.

Fred Love, the chairman of the Legislative Black Caucus, was the lone Democrat supporting the measure. Minutes later, Love asked to expunge his vote, but House Speaker Davy Carter, after consulting with a parliamentarian, rejected the request.

Instead, Love was invited to submit a letter, which will be included in the official House record, explaining his vote.

In the governor’s letter that accompanied the veto, he wrote that the bill was “an expensive solution in search of a problem” that “is not supported by any demonstrated need.”

The measure would cost an

estimated $300,000 to provide voter identification cards to voters who do not have one

The law will become effective Jan. 1, 2014, but only if the state has the money to issue the voter-ID cards.

Under current state law, poll workers ask for identifying documents, but voters are not required to show them.

The Senate voted 21-12 to overturn the veto Wednesday, two days after the governor rejected the legislation.

King said he’s happy that the House voted to override Beebe’s veto but that it has been a “long process and tough process.”

“With the Republican margins being thin, you never know what is going to happen. … This bill has had the most debate. It has had the most scrutiny, I think, of any bill this session,” King said.

According to the National Council of State Legislatures, Georgia, Kansas, Indiana and Tennessee have similar voting requirements as those presented in SB2, in which voters must present photo identification and are permitted to cast a provisional ballot if they cannot provide one.

Virginia Gov. Bob McDonnell recently signed similar voter-identification legislation into law, but it will not take effect until July 1, 2014. Four other states also have passed similar legislation.

LIABILITY FROM TERRORISM

The Senate unanimously approved Senate Bill 630 by Sen. Jason Rapert, R-Bigelow, to expand civil liability resulting from acts of terrorism.

Under SB630, the state could seize any money and property that was contributed or used to further a terrorist act. The money could be used to assist the terrorists’ victims and reimburse law enforcement for its expenses.

The bill also would allow a person injured as a result of a terroristic act violating state law to file an action for damages against his attacker.

BAN ON SOME SEEKING OFFICE

In a 23-10 vote, the Senate approved Senate Bill 992 by Sen. David Burnett, D-Osceola, to bar members of the Arkansas Highway Commission and the Game and Fish Commission from running for office until their term runs out.

During that period, commissioners wouldn’t be able to seek or accept other state government posts.

Burnett has said his bill is not aimed at state Highway Commissioner John Burkhalter of Little Rock, who has said he is considering running for the Democratic nomination for governor in 2014, though Burkhalter could be affected by it. Gov. Mike Beebe appointed Burkhalter to the Highway Commission in January of 2011 and his term expires in January 2017.

SCHOOL-RAISE REQUIREMENT

A bill requiring school boards to review and approve any salary increase of at least 5 percent for any school district employees fell three votes short of approval in the Senate.

The Senate voted 15-11 on House Bill 2204 by Rep. Gary Deffenbaugh, R-Van Buren. Eighteen votes are required for approval in the 35-member Senate. The Senate later expunged the vote to clear the way for another vote.

ANIMAL-ABUSE MEASURES

The Senate approved three animal-related bills sponsored by Sen. Gary Stubblefield, R-Branch.

In a 34-0 vote, the Senate approved Senate Bill 1016 would require animals that are seized by law enforcement or animal owners to be kept within the state and when “practicable” within 20 miles of the owner’s residence. The bill would allow animals belonging to out-ofstate owners to be returned if the prosecutor decided to not charge the owner.

In a 28-0 vote, the Senate passed SB1032 which would make it a Class D felony for a person to impersonate a law enforcement officer when the victim is an animal owner and the animal is seized as a result of the offense. Criminal impersonation is a Class A misdemeanor under current law.

In a 33-1 vote, the Senate approved SB13 by Stubblefield, which states that an animal owner is only responsible for “reasonable expenses” for an animal’s care when it is seized by law enforcement or by an animal control officer.

FIREWORKS BAN

In a 25-10 vote, the Senate approved House Bill 1930 by Rep. Scott Baltz, D-Pocahontas, to prohibit the sale or use sky lanterns — a form of fireworks — effective Jan. 1.

The bill defines a sky lantern as “an unmanned free-floating device designed to contain an open flame.”

The state’s fire marshal doesn’t like sky lanterns because they “float around and land on people and buildings and stuff,” said Sen. Robert Thompson, D-Paragould.

BAIL BOND FEES

In other business, the House voted 52-26 in favor of a bill that would add a $10 fee to bail bonds collected in the state.

Rep. Marshall Wright, D-Forrest City, said House Bill 1841 would pay for bond forfeitures and educational programs related to drug and alcohol abuse and crime prevention.

Wright said the educational programs are currently paid for through the same fund that provides salaries for trial court assistants.

Rep. Nate Bell, R-Mena, said the bill created a “substantive policy change” because it allows county sheriffs to issue additional types of bonds. He said the measure could result in the sheriffs “cherry picking” bonds and leaving high-risk bonds to bail bondsmen.

TESTIMONY UNDER OATH

The House voted down a measure that would require state employees to be sworn in before providing testimony at legislative committees during the session.

House Bill 2240, sponsored by Rep. Jim Dotson, R-Bentonville, failed with 34 yes votes and 45 nays. The bill needed 51 yes votes to pass.

Dotson said the bill would “ensure public trust in the legislative process,” but members questioned why only state employees would be required to take the oath.

HOUSE RULE SUSPENDED

In other business, the House voted to suspend part of the rule that requires bills to be on the calendar for two days before a vote.

Carter told the House that the change was needed to complete the Legislature’s business by April 19. Both chambers also are scheduled to meet Saturday.

SCHOOL ABSENCES

A key change made in 2011 to state law governing school attendance policies has caused “a lot of problems” for students who miss school because of asthma and other chronic illnesses, according to the sponsor of a bill that would restore the pre-2011 language.

Senate Bill 996 by state Sen. Johnny Key, R-Mountain Home, endorsed Monday by the Senate Education Committee, would change “excessive absences” to “unexcused absences,” which was the language in place before the Legislature enacted Act 1223 of 2011.

Key wasn’t sure why the Legislature changed the language.

“I just know it caused a lot of problems,” he said. “In the two years since we passed that bill, I’ve gotten a lot of calls from people who have what were normally excused absences … kids that have a chronic sickness like asthma or gets sick with mono or where they’re out for a long period of time.

“The provision we took out in ’11 for being unexcused absences kind of put a bunch of folks at risk of being before a juvenile judge when that wasn’t the intent at all.”

State law requires school districts to make accommodations for students with chronic illnesses and otherwise “legitimately excused absences,” Key said. “But because we said excessive, there was no way out for them.”

Key said juvenile court officials approached lawmakers about changing the language back to “unexcused.”

WEIGHT LIMITS FOR TRUCKS

A Senate committee Monday endorsed a bill that increase the weight limit for trucks hauling animal feed for livestock or poultry to 85,000 pounds in exchange for a $500 annual permit. The standard weight limits for trucks on state highways is 80,000 pounds though some limited exceptions exist.

Sen. Jake Files, R-Fort Smith, told fellow members of the Senate Committee on Transportation, Technology and Legislative Affairs that the bill would make Arkansas competitive with other poultry-producing states, keep 25,000 trucks off the road, lower truck drivers’ miles by 1.7 million, and reduce carbon-dioxide emissions by 15 million tons.

The Arkansas Highway and Transportation Department helped craft the latest version of the bill and didn’t actively oppose the bill. But in answer to a question from Sen. Larry Teague, D-Nashville, the agency’s director, Scott Bennett, said the bill, should it become law, will result in more damage to state highways.